The jury weighing corruption charges against former Gov. Cuomo aide Joseph Percoco said for the second time Monday that it can’t come to a unanimous decision.
“After considering the facts and the evidence with open minds, and using your instructions as a roadmap, We remain unable to reach a unanimous verdict,” read the note, which was sent at 9:35 a.m., 20 minutes after jurors arrived in Manhattan Federal Court.
After discussing the note with prosecutors and defense lawyers, Judge Valerie Caproni ordered them to keep trying.
They will return Tuesday morning to continue deliberations.
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If the jury reports a deadlock once more, Caproni will not consider instructing the panel to keep deliberating, she told lawyers on the case.
The 12-member panel had also written Caproni this past Tuesday saying that it had hit an impasse, and she instructed them to keep working.
About the same time that day, three jurors asked to be dismissed from service, citing work and childcare obligations.
“The only thing we seem to agree on is that we cannot agree,” the jury note had said.
Judge in Percoco trial tells deadlocked jury to keep working
While the trial was expected to take four-to-six weeks, proceedings are now entering their eighth week.
Jurors have been deliberating since March 1 but have only considered the case for some 36 hours, due to a shortened schedule and the storm on Wednesday.
Percoco stands accused of pocketing more than $300,000 in bribes from three businessmen who wanted contracts from the state.
The one-time Cuomo crony and those execs, Peter Galbraith Kelly, Steven Aiello and Joseph Gerardi went on trial in Manhattan Federal Court on Jan. 22 on corruption charges.
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